Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

American Access Casualty Co. v. Cincinnati Insurance Co.

Court of Appeals of Indiana

May 16, 2018

American Access Casualty Company, Appellant-Defendant,
v.
Cincinnati Insurance Company, Appellee-Plaintiff.

          Appeal from the Hamilton Superior Court The Honorable Jonathan Brown, Judge Trial Court Cause No. 29D02-1312-CT-11485

          ATTORNEYS FOR APPELLANT Ryan O. Farner Thomas E. Rosta Metzger Rosta, LLP Noblesville, Indiana

          ATTORNEYS FOR APPELLEE Richard R. Skiles Carlo T. Girolamo Skiles Detrude Indianapolis, Indiana

          RILEY, JUDGE.

         STATEMENT OF THE CASE

         [¶1] Appellant-Defendant, American Access Casualty Company (American Access), appeals the trial court's denial of its motion for summary judgment on Appellee-Plaintiff's, Cincinnati Insurance Company (Cincinnati Insurance), third party Complaint for declaratory judgment.

         [¶2] We affirm.

         ISSUE

         [¶3] American Access presents us with one issue on appeal, which we restate as: Whether the business use exception in American Access' insurance policy bars coverage to Cincinnati Insurance.

         FACTS AND PROCEDURAL HISTORY

         [¶4] On August 4, 2013, Roland Hall (Hall), while riding a bicycle along Cumberland Road, was struck by a vehicle driven by Jairiel Berfect (Berfect). The vehicle driven by Berfect was owned by Demelece Stewart (Stewart). At all times relevant to this case, both Berfect and Stewart were insured by American Access under separate insurance policies. At the time of the accident, Berfect was employed part-time by Advantage Home Health Care (Advantage Home) as a home health aid and was scheduled to visit two patients. When the incident occurred, Berfect had concluded one appointment and was on her way to work her shift at a second patient's residence. Advantage Home "does not compensate home health aides for their travel time to patient's [sic] homes" or pay mileage for travel time. (Appellee's App. Vol. II, p. 30). "Home health aide employees are paid only for on premise services performed at a patient's residence." (Appellee's App. Vol. II, p. 30). Advantage Home is insured by Cincinnati Insurance.

         [¶5] Hall filed a complaint against Berfect and Advantage Home, alleging damages resulting from the collision.[1] On February 6, 2016, Advantage Home tendered its request to American Access to provide a defense to Advantage Home in the cause against Hall. American Access did not respond to the tender request. On October 18, 2016, in an effort to determine several coverage issues, Cincinnati Insurance, as Advantage Home's insurer, filed a third party Complaint for declaratory judgment, seeking a judgment as to American Access' defense and indemnity obligations to Advantage Home and the priority of coverage as to the respective Berfect and Stewart policies and Cincinnati's insurance policy, and asserting, in part, that American Access had a duty to defend Advantage Home as "Advantage [Home] is an insured under the Berfect Policy[.]" (Appellant's App. Vol. II, p. 32).

         [6] On January 27, 2017, Cincinnati Insurance filed a motion for summary judgment with respect to the coverage issues. The trial court granted the motion in the third party action and concluded that: (1) the American Access policy issued to Stewart provided primary coverage for Berfect and Advantage Home; (2) Berfect and Advantage Home were insureds under the American Access policy issued to Berfect; (3) as an insured under both the Stewart policy and the Berfect policy, American Access owed Advantage Home a defense of the claims brought by Hall; and (4) Berfect is not an insured under the Cincinnati Insurance policy issued to Advantage Home.

         [¶7] On May 2, 2017, American Access filed its motion for summary judgment, together with a memorandum of law, and designation of evidence, contending that American Access owed no duty to provide coverage as the policy excludes coverage "if the insured vehicle in question is being used for business purposes." (Appellee's App. Vol. II, p. 3). On September 7, 2017, Cincinnati Insurance filed its response in opposition, memorandum of law, and designation of evidence. On October 30, 2017, after a hearing, the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.